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(영문) 수원지방법원 2017.10.27 2017가단518959
명도 등 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From August 15, 2017, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On March 24, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit of KRW 20,00,000, monthly rent of KRW 1,800,000, and the lease term of KRW 1,80,000 from May 15, 2015 to May 14, 2017, and delivered the instant real estate to the Defendant on May 15, 2015.

B. From August 2015, the Defendant delayed payment of KRW 21,60,000 in total for 12 months from March 30, 2017.

C. On March 30, 2017, the Plaintiff sent to the Defendant a content-certified mail stating that “If the sum of the unpaid rent and interest in arrears for a total of 12 months is not paid until April 14, 2017, KRW 22,133,342, the instant lease agreement shall be terminated.”

On April 8, 2017, the Defendant paid KRW 9,000,000 to the Plaintiff.

E. On May 23, 2017, the Plaintiff sent to the Defendant a content-certified mail stating that “The Plaintiff terminated the instant lease agreement on March 30, 2017, and furthermore, the said lease agreement was terminated as of May 14, 2017, and thus, the Plaintiff sent the instant real estate to the effect that “The Plaintiff shall adjust the rent to the name of the real estate and to the name of the city.”

F. Meanwhile, the Defendant paid KRW 19,800,000 to the Plaintiff on July 20, 2017, and KRW 19,800,000, respectively, on July 21, 2017 and August 25, 2017. The Defendant is residing in the instant real estate until the date of closing the argument.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated by the Defendant’s delayed payment on or around April 15, 2017. Thus, barring any special circumstance, the Defendant delivers the instant real estate to the Plaintiff, and the Plaintiff is from August 15, 2017 to the completion date of the delivery of the instant real estate.

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